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Judgment
This appeal has been filed by personal guarantor challenging the order dated 09.04.2024 passed by the Adjudicating Authority (National Company Law Tribunal) Principal Bench, New Delhi, by which in application filed on behalf of Bank of Maharashtra under Section 95(1), Resolution Professional has been appointed.
Learned Counsel for the Appellant submits that the notice was not served on the personal guarantor and the debt was barred by time. The Adjudicating Authority has noticed the judgment of the Hon’ble Supreme Court in Writ Petition (Civil) No. 1281/2021- “Dilip B Jiwrajka vs. Union of India” in which judgment Hon’ble Supreme Court has laid down that all adjudicatory issues have to be examined and considered at the time of Section 100 of the IBC.
In view of the aforesaid, leaving all contentions of the appellant open, we dispose of the appeal with liberty to the appellant to raise all objection at the time of hearing of application at the stage of Section 100.
With these observations, appeal is disposed of.